What does the Car Accident Injury Claims process look like Outside the Insurance Company

November 3, 2023
Car Accidents in Ontario

Injuries are usually always obtained during a car accident. The injuries can be physical, but they can also be psychological; the injuries can be instant but they can also appear at a later date. How can insurance companies make a decision and how can injury lawyers help you?

Insurance Company Perspective:

Insurance companies want to settle claims fast. When you experience a car accident and submit a claim, the insurance companies want to give you the lowest amount they can. The less they pay out, the more they keep for the company - seems like an okay process, except you can be entitled for much more.

Injury Claims Process Outside the Insurance Company

Consultation - Speak with an injury lawyer to discuss the details of the car accident. The information discussed will be similar to what was given to the insurance company initially and will also include your policy information. Being fully transparent during your consultation will allow the injury lawyer to get a broader image and determine whether or not you have a case.

Investigation - Once a case is established, the injury lawyer will begin investigating the case. They will work on building the case by gathering evidence such reports, photos, videos, witness statements, medical information and any other supportive evidence that they can gather.

Lawsuit Creation - A lawsuit can be filed if the settlement offer is not sufficient. The defendant and their insurance company will have 21 days to file their response, if they fail to comply the courts will be in your favour.

Medical Examination - Your injury lawyer will provide you with highly qualified and authorized medical specialists to assess, diagnose and treat your injuries. These medical professionals will also document all their findings and interactions with you as documentation is an important part of the process. These medical professionals are often part of a third party clinic who work closely with your legal team to establish your case based on medical evidence. Unfortunately, you may find yourself becoming exhausted with the process, but it is important to keep up with your appointments.

Conversation - Your injury lawyer may need to speak with you and the opposing parties to gather more information however, they may ask you to refrain from speaking and will speak on your behalf instead.

Pre-Trial - Your case could take up to 2 years to build evidence and prep for the courts however, a pre-trial may be done prior to the court trial so both parties have a chance to discuss their arguments.

Court Settlement and Declaration - Your case now enters the formal courtrooms, all evidence is presented, all arguments are made and a settlement is awarded. Verdicts may take a number of hours or days, but once a verdict is reached and your case is won, the funds will be distributed to you by the discussed date.

End Note: There may be various steps in the process, but remember your team is doing their best to help you get the assessments and treatments necessary to build your case. It’s best to cooperate and ask questions for any clarifications needed.